( 1. ) PETITIONER has filed this petition challenging the order dated 1-8-2003 passed in Civil Suit No. 111-A/2003 (Ashutosh Dubey v. Tilak Grah Nirman Sahakari Samiti) by which the Trial Court has issued a commission for investigating the fact that who is in possession of the disputed property.

( 2. ) THE aforesaid order passed by the Trial Court has been assailed by the defendants on the following grounds :-

(i) That the similar prayer was made before the Trial Court vide application (Annexure P-2), dated 84-2002 and the Trial Court vide order dated 21-1-2002 rejected the prayer on the ground that commission can not be issued for ascertaining the fact that which of the party is in possession of the suit property. (ii) That again vide application Annexure P-5, dated 23-7-2003 similar prayer has been made and the Trial Court by the impugned order dated 1-8-2003 has allowed the aforesaid prayer. (iii) That no commission can be issued for ascertaining the fact that which party is in possession of the property. This is a matter of evidence which is to be investigated by the Trial Court

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( 3. ) CONTENDING the aforesaid learned Counsel for the petitioner submits that the Court belo